Batson in Practice: What We Have Learned About Batson and Peremptory Challenges

58 Pages Posted: 26 Sep 2012

See all articles by Kenneth Melilli

Kenneth Melilli

Creighton University - School of Law

Date Written: 1996

Abstract

In the years since the Batson v. Kentucky, 106 S. Ct. 1712 (1986) decision was handed down, a number of developments have occurred. First, the Court has expanded the application of Batson beyond its original sphere and correspondingly made further inroads upon the previously impregnable realm of the peremptory challenge. Second, lower courts have had the opportunity, or perhaps task, of implementing Batson, refining Batson's general dictates about "prima facie case[s]" of discrimination and "neutral explanations." Third, and perhaps most interestingly, in cases in which Batson's requirement of "neutral explanations" has applied, we have been given a window into a previously secret arena; the thought processes of lawyers in the use of peremptory challenges. This article examines each of these developments.

Keywords: Batson, neutral explanantions, peremptory challenges

Suggested Citation

Melilli, Kenneth, Batson in Practice: What We Have Learned About Batson and Peremptory Challenges (1996). Notre Dame Law Review, Vol. 71, 1996, Available at SSRN: https://ssrn.com/abstract=2151963

Kenneth Melilli (Contact Author)

Creighton University - School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
71
Abstract Views
681
rank
404,080
PlumX Metrics